Topics: order to produce evidence
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Court of Appeal, August 27, 2026, Order to Produce Evidence, UPC_CoA_76/2026
R. 190 RoP does not permit fishing expeditions: The purpose of R. 190 RoP is to enable access to specified evidence that is not readily accessible to the party bearing the burden of proof. An order under R. 190 RoP requires reasonably available evidence supporting the plausibility of the claim and is subject to the…
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LD Brussels, April 14, 2026, Procedural Order, UPC_CFI_1357/2025; UPC_CFI_629/2025
Evidence production applications (Art. 59 UPCA, R. 190 RoP) require four cumulative conditions: reasonably available evidence, specification and control, confidentiality protection, and proportionality.: The requesting party must have presented evidence “reasonably available” in support of its claims. This condition is assessed on a prima facie basis and is twofold, considering(a) whether the requesting party presented…
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LD Hamburg, 4 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_54/2023
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent: Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order…
2 min Reading time→
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